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Last updated November 24.

June 15, 2009 issue

Immigrants can be conscientious objectors, MCC advises

By Saulo Padilla and Titus Peachey Mennonite Central Committee

AKRON, Pa. — It is not unusual for new immigrants to the United States who are conscientious objectors to war to face obstacles in the citizenship process.

Mukarabe Makinto-Inandava speaks at a West Coast MCC immigration seminar.

Mukarabe Makinto-Inandava speaks at a West Coast MCC immigration seminar. — Photo by Melissa Engle/MCC

This is true despite the fact that the Supreme Court made a clear ruling more than 50 years ago allowing conscientious objectors to become U.S. citizens.

When Mukarabe Makinto-Inandava applied for U.S. citizenship after emigrating from the Central African nation of Burundi, she included a statement about her pacifist convictions: “When you eliminate a person by killing, you have not eliminated the cause of the conflict, but murdered a father, mother or child loved by their family. I experienced war firsthand in my country… . Therefore I do not promote war as a way to resolve problems.”

Makinto-Inandava supplemented her statement with a letter from her Mennonite Church USA conference minister and indicated that she could not participate in war or military service. During her citizenship interview, the immigration officer told her that her conscientious objector position could prevent her from gaining citizenship. He asked her to change her position and rewrite her statement.

A new resource from Mennonite Central Committee U.S., “Immigration and Conscientious Objection Packet/Guía de Inmigración y Objeción por Conciencia,” addresses the issue faced by Makinto-Inandava.

It provides information and guidance to conscientious objectors who are applying for U.S. citizenship, including instructions for submitting a CO claim. It also provides sample letters and stories of people who have been through the citizenship process as conscientious objectors. All materials are in English and Spanish.

The oath and the law

The packet also provides an explanation of the Oath of Allegiance that immigrants must take as a part of citizenship. This oath says that an applicant must declare her or his loyalty to the U.S. government, and support and defend the U.S. Constitution against enemies through military service, noncombatant service or work of national importance under civilian direction. Although applicants must declare allegiance to the United States, it is permissible to become a citizen without agreeing to military service.

Arthur Jost v. The United States legalized citizenship for COs. Jost moved to the United States from Canada in 1927 with his Mennonite Brethren family. He performed alternative service as a hospital attendant during World War II. When he applied for citizenship he faced obstacles from judges who were hostile toward pacifism.

This 1954 Supreme Court case clarified that COs can be granted citizenship and established the right of COs to become citizens whether or not they belong to a group that supports their beliefs.

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